A Portuguese State prosecutor is being investigated over claims she colluded in the alleged kidnap of Irish schoolgirl Ellie Silva.

If found guilty of helping Ellie’s dad Filipe Silva keep the eight-year-old away from her mum Candice Gannon for nearly eight months she could found face eight years in prison.

Portuguese newspaper Diario de Noticias reported the unnamed woman was investigated after police secretly recorded her passing advice to Filipe’s mother Ana Maria.

It claimed the recordings suggested the assistant prosecutor, who is based in the Algarve, knew where Ellie was hidden while her mother was desperately trying to find her.

Candice, 28, who was reunited with her daughter in February, was left distraught by the news.

Her lawyer Spencer Dohner said: “We are closely following all developments of this particular issue as the story unfolds.

“We are pleased to know this situation was uncovered by the authorities under the supervision of the investigated prosecutor’s own colleagues.

“We will do whatever is legally possible to make sure a comprehensive investigation and a strict criminal inquiry is followed through and we reserve the right to seek guarantees that the child’s best interests are protected and that justice is restored.”

The suspect has not yet been formally charged but has been suspended from her job while the investigation is ongoing.

Silva, 35, was last week formally accused of kidnap.

He is expected to stand trial next year and could be jailed for 10 years if found guilty.

Despite the criminal charge he was able to take his daughter Ellie on holiday this week.

Candice’s husband Philip Ganno , 44, handed Ellie over to her dad for a two-week break.

Mr Gannon, said: “I am outraged at the way Ellie has been treated. Candice had to drop her off to her father on Tuesday for a two-week holiday to comply with a court order and I am very concerned for her safety.”

Candice added: “We are horrified at this news and we will be speaking to our lawyers today to determine what needs to be done now.

“We are amazed the civil court ordered Filipe Silva should resume visits as if nothing had ever happened.

“At the heart of this case is an eight-year-old girl that just wants to live with her mummy.

“We are saddened by the way this case has been dealt with from the start. What we are seeing is out and out child abuse.”

Filipe Silva disappeared with his daughter after picking her up from Candice and Philip at Dublin Airport for a fortnight’s holiday in July 2012.

Cheltenham-born Candice, who has dual nationality because of her Irish dad, endured almost eight months of torment before a tearful reunion at a children’s home in Faro.

It subsequently emerged Ellie had been kept at a flat in the northern Portuguese city of Porto.

Philip and Candice said the child told them she was forced to wear a disguise and call herself Pipinha and was instructed to call her dad’s lawyer Nuno Remedios ‘Uncle Nuno’ when he visited the flat with his children.

Mr Gannon last night described Mr Remedios’ involvement in the case as “unusual” and said he hoped further light would be shed on it as the criminal case for kidnap against Filipe Silva proceeds.

Speaking after her emotional reunion in February with her daughter, Candice said: “I was just a young girl when I came to Portugal and met Filipe and I feel like eight years of my life have been taken from me battling him over our daughter.

“I want to make sure she’s not scarred by this ordeal she’s been through and fight for the day I’m not looking over my shoulder worrying about something like this happening all over again.”

Silva’s defence team claims he did not kidnap his daughter and are set to appeal the decision to formally accuse him of the crime.